Yoke: Terms of Use

Last Updated: July 24, 2015

Summary

This is a human-readable summary of the Terms of Use.

Disclaimer: This summary is not a part of the Terms of Use and is not a legal document. It is simply a handy reference for understanding the full terms. Think of it as the user-friendly interface to the legal language of our Terms of Use.

Part of our mission is to help you:

You are free to:

Under the following conditions:

With the understanding that:


Our Terms of Use

These Terms of Use govern your access to and use of LambdaZen, LLC's ("LambdaZen") website located at yoke.io (the "Site"), any services provided through the Site (the "Services"), the information, computer code, programming languages (including the ConceptJS programming language), applications, content and other materials made available through the Site and Services by LambdaZen or its Users (the "Content"), (collectively, the Site, Services, and Content are referred to as "Yoke").

These Terms of Use limit LambdaZen's liability and obligations to you, impose certain obligations on you, allow LambdaZen to suspend or terminate your access to and use of Yoke, and provide you with other important information with respect to the provision of Yoke and your use thereof.

You agree that by registering as a user at the Site (a "User"), or by using Yoke, you are entering into a legally binding agreement with LambdaZen (also referred to herein as "we," "us," "our," and "LambdaZen"). If you are using Yoke on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the registration process and do not access, view, or otherwise use Yoke. By becoming a User you acknowledge that you have read and understood the terms and conditions of the Terms of Use and that you agree to be bound by all of its provisions.

LambdaZen may update these Terms of Use from time to time, to, among other things, reflect changes to Concept JS and feedback. We will notify you of changes to these Terms of Use by posting an updated version at https://common.yoke.io/legal/termsofuse and will revise the "Last Updated" date above. We encourage you to periodically review these Terms of Use to be informed with respect to your and LambdaZen's rights and obligations with respect to Yoke. Using Yoke after a notice of changes has been sent to you or published on Yoke shall constitute consent to the changed terms and practices.

Your Account and Your Right to Use Yoke

Right to Use Yoke: On the condition that you comply with all your obligations under this Agreement, You may use Yoke. Further, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access Yoke without the express written consent of LambdaZen) and use Yoke in accordance with the Terms of Use. Any other use of Yoke is strictly prohibited and a violation of the Terms of Use. We reserve all rights not expressly granted in this Agreement.

Availability of Yoke; Eligibility to Use Yoke: You have the right to access and use Yoke as it exists on any given day and LambdaZen has no other obligation with respect to updating, improving, maintaining, or making available Yoke. Further, LambdaZen may update, modify, revise, replace, refuse access to, suspend or discontinue Yoke, partially or entirely, or change and modify prices for all or part of Yoke in our sole discretion. All of these changes shall be effective upon their posting on our Site or by direct communication to you unless otherwise noted.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted from the Services, (3) are not a competitor of LambdaZen or are not using the Services for reasons that are in competition with LambdaZen; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of LambdaZen, including intellectual property rights such as copyright or trademark rights; (6) will comply with the Terms of Use as the same may be amended from time to time; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use Yoke.

Creating an Account: To use Yoke, you must create an account on the Site at https://common.yoke.io/auth/signup. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that LambdaZen may use your User Data to provide features and functionality of Yoke for which you have expressed interest. If you provide any information that is inaccurate or not current, or LambdaZen has reasonable grounds to suspect that such information is inaccurate or not current, LambdaZen has the right to suspend or terminate your account and refuse any and all current or future use of Yoke. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Account Security: You are responsible for safeguarding your account information and your password. You agree to: (1) keep your account password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; and (4) refrain from charging anyone for access to any portion of LambdaZen, your account, or any information therein. Further, you are responsible for any activities or actions under your account or anything that happens through your account, whether or not you have authorized such activities or actions, until you disable your account or prove that your account security was compromised due to no fault of your own. To disable your account, please send an email to security@lambdazen.com. You will immediately notify LambdaZen of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to LambdaZen, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize Yoke.

Although LambdaZen may monitor the Data or User Posts for, among other things, your compliance with the Terms of Use, operating the Service and/or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, you acknowledge that LambdaZen does not have any obligation to monitor the User Data or User Posts and disclaims all responsibility and liability for the User Data and User Posts, including without limitation the accuracy, completeness, appropriateness, legality or applicability of the User Data or User Posts and any information obtained by using Yoke. You hereby waive any and all legal or equitable rights or remedies you have or may have against LambdaZen with respect to the User Data or User Posts that you may view, download, share or access using Yoke.

LambdaZen reserves the right to withhold, remove and or discard any Applications or User Posts available as part of your account, with or without notice if deemed by LambdaZen to be contrary to the Terms of Use. For avoidance of doubt, LambdaZen has no obligation to store, maintain or provide you a copy of any Data or User Posts that you or other Users provide when using Yoke. Any Applications and User Posts you submit to us are submitted at your own risk of loss.

You grant LambdaZen a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, distribute, publish, remove, retain, process, analyze, and use Your Applications and User Posts for the purpose of providing Yoke.

Your Shared Repositories: While you own your Applications, files placed in your shared repositories are available to those users to whom you grant access. By sharing your repositories with others, you agree and acknowledge that LambdaZen has no responsibility or obligation to monitor or notify of you of any non-compliance related to the rights or license you may choose to grant to other users who have access to your shared repositories, if any, and that LambdaZen has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) applicable to the Applications or permission(s) you have chosen to offer.

Interactions with other Users: You are solely responsible for your interactions with other Users. LambdaZen may, in certain circumstances, prohibit you from contacting other Users through use of Yoke or otherwise limit your use of Yoke. LambdaZen reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or disable your account if we determine, in our sole discretion, that doing so is necessary to enforce the Terms of Use.

Notifications and Messages: For purposes of service messages and notices about Yoke to you, you agree that LambdaZen may notify you via the email address associated with your account, even if we have other contact information. You also agree that LambdaZen may communicate with you through your LambdaZen account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Yoke.

Restrictions on Use

You must comply with all applicable laws, the Terms of Use, as may be amended from time to time, and you further agree not to do any of the following:

LambdaZen has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security concerns, to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Use.

Privacy

We advise you to carefully read our Privacy Policy located at https://common.yoke.io/legal/privacy before deciding to become a User. Our Privacy Policy sets forth our privacy practices and governs, among other things, our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

LambdaZen Intellectual Property Rights

All right, title, and interest in and to Yoke are and will remain the exclusive property of LambdaZen and its licensors, including all Intellectual Property Rights (as defined below) therein, even if LambdaZen incorporates any of your Feedback (as defined below) into subsequent versions. Yoke is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Yoke.

All feedback, comments, and suggestions for improvements that you provide to LambdaZen, in any form, any contributions you make to Yoke by posting content and communicating with other users via User Posts, and the results, metrics, and statistics resulting from any analysis of user access to and use of Applications and User Posts generated through your and other users' use and access to Applications and Users Posts (collectively, the "Feedback") will be the sole and exclusive property of LambdaZen. You hereby irrevocably transfer and assign to LambdaZen all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At LambdaZen's request and expense, you will execute documents and take such further acts as LambdaZen may reasonably request to assist LambdaZen in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections with respect to the Feedback.

Digital Millennium Copyright Act Compliance

You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). LambdaZen has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see LambdaZen's DMCA Policy located at https://common.yoke.io/legal/DMCA for additional information.

Links

The LambdaZen website may contain links to third-party websites or resources. You acknowledge and agree that LambdaZen is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LambdaZen of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination of Your Account

Mutual Right to Terminate: You may terminate your account, for any or no reason, at any time, with notice to LambdaZen by following the process at https://common.yoke.io/legal/termination. LambdaZen may terminate your account for any reason or no reason, at any time, with or without notice. If you violate any of these Terms of Use, your permission to use Yoke will automatically terminate and LambdaZen may disable your account. Termination of your LambdaZen account includes disabling your access to Yoke and may also bar you from any future use of Yoke. Further, you agree that all terminations for cause shall be made in LambdaZen's sole discretion and that LambdaZen shall not be liable to you or any third party for any termination of your account or access to Yoke.

Removal of Applications and User Posts: Without limiting the generality of the foregoing, and without further notice, LambdaZen may choose to delete and/or reduce: (i) any or all of your Applications and User Posts if your account is inactive for 90 days; and (ii) previous versions and/or prior backups of your Applications and User Posts. It is your responsibility to maintain backups of your Applications and User Posts and LambdaZen shall have no liability to you for any loss, corruption, deletion or removal of your Applications or User Posts.

Use Yoke at Your Own Risk

Your access to and use of Yoke and is at your own risk. LambdaZen disclaims all liability for and is not responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Yoke.

DISCLAIMERS

Yoke, including without limitation all Applications, User Posts, and any other information, materials, computer code or content provided therein or thereby, are provided "AS-IS" and without warranty. We are not responsible for the content, applications, data, user postings, or actions of third parties or other users of Yoke and you release us, our directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from Yoke creates any warranty.

WITHOUT LIMITING THE FOREGOING, LAMBDAZEN EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LAMBDAZEN MAKES NO WARRANTY THAT YOKE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LAMBDAZEN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY APPLICATIONS, CONTENT, MATERIALS OR OTHER INFORMATION PURCHASED OR OBTAINED THROUGH THE LAMBDAZEN WEBSITE OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY APPLICATIONS, CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED THROUGH THE YOKE.

Given the nature of the Internet, we cannot guarantee security of data transmission over the Internet. Accordingly despite our effort to protect your information and data, we cannot guarantee or warrant the security of any information or data you transmit to us. You transmit all such information at your own risk. ACCORDINGLY, LAMBDAZEN MAKES NO WARRANTY REGARDING THE SECURITY OR INTEGRITY OF YOUR ACCOUNT OR THE INFORMATION OR DATA ASSOCIATED WITH YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA AND FOR SAFEGUARDING YOUR USER NAME AND PASSWORD.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAMBDAZEN OR THROUGH YOKE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend (at LambdaZen's request), indemnify, and hold LambdaZen, its officers, directors, employees, agents, users, and third party providers harmless from and against any claims, suits, proceedings, investigations, damages, losses, costs, expenses and other liabilities, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of Yoke and any Applications made available through Yoke; (ii) your failure to comply with the Terms of Use; (iii) your violation, misappropriation or infringement of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that your Applications, Your User Posts, or use of your Applications or User Posts, caused damage to a third party, including without limitation claims that your Applications or User Posts, infringe, violate or misappropriate the rights of another.

Limitation of Liability

IN NO EVENT WILL LAMBDAZEN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, REVENUE, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, YOKE OR ANY APPLICATIONS OR USER POSTS, OR FOR ANY ERROR OR DEFECT IN CONCEPT JS, THE APPLICATIONS OR USERS POSTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LAMBDAZEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT LAMBDAZEN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, HARMFUL, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, LAMBDAZEN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED OR THROUGH YOKE, OR IF YOUR APPLICATIONS OR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF LAMBDAZEN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF YOKE IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAMBDAZEN AND YOU.

The foregoing limitation of liability shall:

Commonwealth of Massachusetts Law and Arbitration

Except for any disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with LambdaZen arising out of or relating to the Agreement ("Disputes") shall be governed by the law of the Commonwealth of Massachusetts regardless of your country of origin or where you access the Service, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boston, Massachusetts, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.

Notwithstanding the foregoing, either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Massachusetts would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.

General Terms

Severability: If any provision of the Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

Language: Where LambdaZen has provided you with a translation of the English language version of the Terms of Use, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions will govern.

Notices and Service of Process: We may post notices to you at www.lambdazen.com. You may contact us via email at legal@lambdazen.com. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

Entire Agreement: You agree that the Terms of Use and all policies and other documents referenced herein constitute the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services or applications or third-party content or third party software.

No informal waivers, agreements or representations: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service.

Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, LambdaZen, Inc. for any third party that assumes our rights and obligations under this Agreement.

Export Control: Your use of Yoke, including our software, is subject to export and re-export control laws and regulations, including the United States Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.